USPTO Patents Application 10727576

United States Patent and Trademark Office

UJNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Ofilce

Address: COMMISSIONER FOR PATENTS
P.O.Box 1450

Alexandria. Virginia 223 13-14S0
www.uspto.gov

APPLICATION NO.

FILING DATE |

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO. |

CONFIRMATION NO.

10/727,576

12/05/2003

Praveen Sharma

Q-65721

8084

10/03/2007

SUGHRUE MION, PLLC

2100 PENNSYLVANIA AVENUE, N.W.

SUITE 800

WASHINGTON, DC 20037

EXAMINER

SW1T2ER, JULIET CAROLINE

ART UNIT

1634

PAPER NUMBER

MAIL DATE

10/03/2007

DELIVERY MODE

PAPER

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

PTOL-90A (Rev. 04/07)

Advisory Action
Before tiie Filing of an Appeai Brief

Application No.

10/727,576

Applicant(s)
SHARMA ETAL

Examiner

Juliet C. Switzer

Art Unit

1634

"The MAILING DATE of this communication appears on the cover sheet with the correspondence address -

THE REPLY FILED 9/21/07 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.

1 . S The reply was filed after a final rejection, but prior to or on the same day as filing a Notice of Appeal. To avoid abandonment of

this application, applicant must timely file one of the following replies: (1) an amendment, affidavit, or other evidence, which
places the application in condition for allowance; (2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41 .31 ; or (3)
a Request for Continued Examination (RCE) in compliance with 37 CFR 1.114. The reply must be fiied within one of the following
time periods:

a) 13 The period for reply expires 4_months from the mailing date of the final rejection.

b) im The period for reply expires on: (1) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later In

no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

Examiner Note: If box 1 is checked, check either box (a) or (b). ONLY CHECK BOX (b) WHEN THE FIRST REPLY WAS FILED WITHIN

TWO MONTHS OF THE FINAL REJECTION. See MPEP 706.07(f).
Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee
have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee
under 37 CFR 1.17(a) Is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as
set forth in (b) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if timely filed,
may reduce any earned patent temi adjustment. See 37 CFR 1.704(b).
NOTICE OF APPEAL

2. □ The Notice of Appeal was filed on . A brief in compliance with 37 CFR 41 .37 must be filed within two months of the date of

filing the Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeai. Since
a Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41 .37(a).
AMENDMENTS

3. ^ The proposed amendment(s) filed after a final rejection, but prior to the date of filing a brief, will not be entered because

(a) ^ They raise new issues that would require further consideration and/or search (see NOTE below);

(b) S They raise the issue of new matter (see NOTE below);

(c) ^ They are not deemed to place the application in better form for appeai by materially reducing or simplifying the issues for

appeal; and/or

(d) [I] They present additional claims without canceling a corresponding number of finally rejected claims.

NOTE: See Continuation Sheet (See 37 CFR 1.116 and 41 .33(a)),

4. D The amendments are not in compliance with 37 CFR 1 .121 . See attached Notice of Non-Compliant Amendment (PTOL-324).

5. D Applicant's reply has overcome the following rejection(s): .

6. □ Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment canceling the

non-allowable claim(s).

7. □ For purposes of appeal, the proposed amendment(s): a) □ will not be entered, or b) □ will be entered and an explanation of

how the new or amended claims would be rejected is provided below or appended.
The status of the claim(s) is (or will be) as follows:

Claim(s) allowed:

Claim(s) objected to: .

Claim(s) rejected: .

Claim(s) withdrawn from consideration: .

AFFIDAVIT OR OTHER EVIDENCE

8. IS The affidavit or other evidence filed after a final action, but before or on the date of filing a Notice of Appeal will not be entered

because applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and
was not earlier presented. See 37 CFR 1.1 16(e).

9. □ The affidavit or other evidence filed after the date of filing a Notice of Appeal, but prior to the date of filing a brief, will not be

entered because the affidavit or other evidence failed to overcome all rejections under appeal and/or appellant fails to provide a
showing a good and sufficient reasons why it Is necessary and was not earlier presented. See 37 CFR 41.33(d)(1).

10. □ The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
REQUEST FOR RECONSIDERATION/OTHER

11. ^ The request for reconsideration has been considered but does NOT place the application in condition for allowance because:

See Continuation Sheet.

12. □ Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No(s).

13. ^ Other: See Continuation Sheet . ^

J&UET&SWrrZER
PRIMARY EXAMINER

U.S. Patent and Trademark Office
PTOL-303 (Rev. 08-06)

Advisory Action Before the Filing of an Appeal Brief

Part of Paper No. 20071001

Continuation Slieet (PTO-303)

Application No. 10/727,576

Continuation of 3. NOTE: The amendnnents to the independent claims add the requirement "very early stage" to modify breast cancer,
and this newly added limitation will require further search and consideration. Further, the deletion of the four lines of the claims which
refer to cells which have not contacted area of said breast cancer significantly broadens the scope of the claims also requiring further
search and consideration. The amendment raises the issue of new matter in that further consideration will be required to determine if the
phrase "very early stage breast cancer" is new matter. Therefore, because further search and consideration will be requried and because
the claims present subject matter that was not previously set forth in the claims, the amendments are not deemed to place the application
in better form for appeal.

Continuation of 1 1 . does NOT place the application in condition for allowance because: The remarks are directed towards the amended
claims and towards the declaration- neither of which were entered. Therefore, the remarks are moot. The rejections of record are
maintained. .

Continuation of 13. Other: The IDS filed 9/21/07 was not considered because it fails to comply with 37 CFR 1.97(d)

because it lacks a statement as specified in 37 CFR 1.97(e). It has been placed in the application file, but the information referred to

therein has not been considered.

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